Bhashyam and Adiga's The Negotiable Instruments Act

with exhaustive case-law on Dishonour of Cheques including Specimen Notices & Complaints
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Description
In 1935, Max Radin wrote of his salutary realisation that, "in the ordinary processes of legal adjustment, whatever lip service is rendered to the idea of justice, no real account is taken of justice, but a great deal of account is taken of particular words in statutes, particular words in documents....". With this latest commentary of the Bhashyam and Adiga's Negotiable Instruments the evolution of law through ratios has been incorporated to better assist a practitioner. Our approach is consistent with textualism, as it provides greater certainty in the law, and hence greater predictability and greater respect for the rule of law. It is known, "Judging is inherently difficult, and language notoriously slippery". However, for a statute that clearly discerns and specifically focuses on the plain meaning of the text of a legal document, there remains only varying facts to establish guilt. And, as stare decisis is the doctrine adopted by the Constitution, textualism of this statute helps to further point the law. The legislature, in order to revitalise the practice of making payments through banking channels prescribed a simplified code under Chapter XVII of this Act. This code inter alia enables businesses to make and accept enforceable assurances in the form of post-dated cheques, for payments legally accrued. However, if there is a default in honouring the payment on the date so mentioned, the same code enables recoveries by initiating proceedings which have the contraptions of conducting a criminal trial instead of a civil suit.
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Contents
Chapter 1.    Preliminary
Chapter 2.    Of notes, bills and cheques
Chapter 3.    Parties to Notes, Bills and Cheques
Chapter 4.    Of Negotiation
Chapter 5.    Of Presentment
Chapter 6.    Of Payment and Interest
Chapter 7.    Of discharge from liability on Notes, Bills and Cheques
Chapter 8.    Of  Notice of Dishonour
Chapter 9.    Of Noting and Protest
Chapter 10.  Of reasonable time
Chapter 11.  Of acceptance and payment for honour and reference in case of need
Chapter 12.  Of compensation
Chapter 13.  Special rules of evidence
Chapter 14.  Of crossed cheques
Chapter 15.  Of bills in sets
Chapter 16.  Of international law
Chapter 17.  Of penalties in case of dishonour of certain cheques for insufficiency of funds in the accounts
Annexure 1 to 5
Appendix A to F
Subject Index
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Author Details
Revised By 
Anand Sanjay M. Nuli, Advocate, Supreme Court of India
Saket Gogia, Advocate
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